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Form #941

Agreement as Defense in Action by Other Spouse

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Agreement as Defense in Action by Other Spouse - Free Legal Form

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Agreement as defense in action by other spouse.

In the event either of the parties shall at any time prosecute or institute any action at law, suit in equity or other proceeding in any court, other than for the strict enforcement of this instrument, claiming or demanding the property or estate of the other, or any part or portion of it, or for alimony, or for attorney's fees, that in such event this instrument may be pleaded and offered in evidence by defendant in any such action, suit or proceeding, and shall operate as a complete legal and equitable bar to the further prosecution or maintenance of such action, suit or proceeding, or to any claim or demand for alimony or for attorney's fees.

No judgment or decree shall be entered in bar of the prosecution or maintenance of any action, suit or proceeding brought in any manner for the purpose of annulling, modifying, canceling or waiving any of the agreements set forth by this instrument; it being the agreement of the parties that this instrument and contract shall have the full force and effect of a judgment and decree finally and permanently settling, determining and adjudicating all the respective mutual rights, obligations, interests and claims of either of the parties against the other, or against the property or estate of the other, mentioned and recited in this instrument.



 
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Terms Of Use

Submissions to this site, including any legal or business forms, posts, responses to questions or other communications by contributors are not intended as and should not be construed as legal advice. You are strongly encouraged to consult competent legal council before engaging in any action based upon content contained on this site.

These downloadable forms are only for personal use. Retransmission, redistribution, or any other commercial use is prohibited. This includes reposting forms from this site to another site offering free legal or other document forms for download.

Please note that the donator may have included different usage terms regarding this form, and you agree to abide by these terms. It is highly recommended that you have a licensed attorney review any legal documents for which you are searching in order to make sure that your needs are being properly and completely satisfied.

Your use of this site constitutes your acceptance of our terms of use and your agreement to hold this site, its officers, employees and any contributors to this site harmless for any damage you might incur from your use of any submissions contained on this site. If you do not agree to the above terms, please do not proceed.

These forms are provided to assist business owners and others in understanding important points to consider in different transactions. They are offered with the understanding that no legal advice, accounting, or other professional service is being offered by these documents or on this website. Laws vary in the different states. Agreements acceptable in one state may not be enforced the same way under the laws of another state. Also, agreements should relate specifically to the particular facts of each situation. Therefore, it is important to consult legal counsel whenever utilizing these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com is not engaged in recommending or referring members on the site or making claims about the competence, character or qualifications of its participating members.
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Comments

submitted 11/4/2008
by DavidMarshall  

"This clause can be incorporated into any agreement made between a married couple as a part of their separation agreement or as a preliminary to a divorce. The intention is to arrive at what might be called a "clean break" agreement. In other words to produce a final distribution of all family assets without the need to go through endless litigation. Unfortunately, some people come to regret what they agree to in haste. If there is an attempt to refer the same issues to a court, this agreement can be offered as a defense. Outside the US, this type of agreement would not stand up, but in most US states it will be an effective defense assuming no evidence of duress or coercion."
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